LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS HENDRY COUNTY The Council staff has reviewed proposed changes to the Hendry County Growth Management Plan (DEO 13-1ESR). A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment II. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location--in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude--equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI-related amendment is considered regionally significant); and 3. Character--of a unique type or use, a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction; updates, editorial revisions, etc. are not regionally significant. A summary of the results of the review follows: Proposed Factors of Regional Significance Amendment Location Magnitude Character Consistent Hendry County no no yes (1) procedural; DEO 13-2ESR (2) regionally significant; and (3) consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Economic Opportunity and Hendry County. 09/13
Attachment I Local Government Comprehensive Plans COMMUNITY PLANNING ACT The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future Land Use Element; 2. Traffic Circulation Element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [9J-5.019(1), FAC] 3. General Sanitary Sewer, Solid Waste, Drainage, and Potable Water and Natural Groundwater Aquifer Recharge Element; 4. Conservation Element; 5. Recreation and Open Space Element; 6. Housing Element; 7. Coastal Management Element for coastal jurisdictions; 8. Intergovernmental Coordination Element; and 9. Capital Improvements Element. The local government may add optional elements (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County, Punta Gorda Collier County, Everglades City, Marco Island, Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Bonita Springs, Cape Coral, Fort Myers, Fort Myers Beach, Sanibel Sarasota County, Longboat Key, North Port, Sarasota, Venice Page 1
Attachment I Comprehensive Plan Amendments A local government may amend its plan at any time during the calendar year. Six copies of the amendment are sent to the Department of Economic Opportunity (DEO) for review. A copy is also sent to the Regional Planning Council, the Water Management District, the Florida Department of Transportation, and the Florida Department of Environmental Protection. The proposed amendments will be reviewed by DEO in two situations. In the first, there must be a written request to DEO. The request for review must be received within fortyfive days after transmittal of the proposed amendment. Reviews can be requested by one of the following: the local government that transmits the amendment, the regional planning council, or an affected person. In the second situation, DEO can decide to review the proposed amendment without a request. In that case, DEO must give notice within thirty days of transmittal. Within five working days after deciding to conduct a review, DEO may forward copies to various reviewing agencies, including the Regional Planning Council. Regional Planning Council Review The Regional Planning Council must submit its comments in writing within thirty days of receipt of the proposed amendment from DEO. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the Regional Planning Council must be limited to "effects on regional resources or facilities identified in the Strategic Regional Policy plan and extra-jurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government. After receipt of comments from the Regional Planning Council and other reviewing agencies, DEO has thirty days to conduct its own review and determine compliance with state law. Within that thirty-day period, DEO transmits its written comments to the local government. NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF THE LAW. REFER TO THE STATUTE (CH. 163, FS) FOR DETAILS. Page 2
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL LOCAL GOVERNMENT COMPREHENSIVE PLAN REVIEW FORM 01 Attachment II Pursuant to Section 163.3184, Florida Statutes, Council review of proposed amendments to local government Comprehensive Plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan and extra-jurisdictional impacts that would be inconsistent with the Comprehensive Plan of any affected local government within the region. A written report containing the evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State land planning agency within 30 calendar days of receipt of the amendment. LOCAL GOVERMENT: Hendry County DATE AMENDMENT RECIEVED: July 16, 2013 DATE AMENDMENT MAILED TO LOCAL GOVERNMENT AND STATE: August 30, 2013 1. AMENDMENT NAME Hendry County Airglades Airport 2. DESCRIPTION OF AMENDMENT(S): Hendry County is requesting to amend its Comprehensive Plan Traffic Circulation Element in order to improve the future plans related to the Airglades Airport. The proposed amendments request to change the name of the Traffic Circulation Element in the Plan to the Transportation Systems Element, establishes a Sub-Element within the Transportation Systems Element, provides new policies that address the state mandated compatibility of lands adjacent or in close proximity to the Airglades Airport in accordance with s. 163.3177(6)(a)11, provides new policies that direct future development and redevelopment on airport properties, and provide new policies recognizing the Airglades and LaBelle Airports as economic generators. As with all airports in the region, the City of LaBelle Municipal Airport is considered a regional facility. 1
Specifically, the proposed amendments will change the Comprehensive Plan with the following FLUE language: Transportation Systems Element Aviation Sub- Element Goal 8.A.: Protect the viability of the LaBelle and Airglades Airports as significant economic resources to the domestic and global community by encouraging compatible land uses, densities, best management practices, and reducing hazards that may endanger the lives and property of the public and aviation users. Objective 8.A.1.: Encourage the use of the LaBelle Airport and Airglades Airport and surrounding lands by providing for aviation, aviation-related activities, industrial uses, and other land uses compatible with the airports. Policy 8.A.1.1: Maintain a master plan for the LaBelle airport and Airglades Airport properties with controls the uses allowed within the airport properties. The master plan shall be updated every five (5) years. Policy 8.A.1.2: Any improvements on the airport property must be consistent with Hendry County s Comprehensive Plan, Federal Aviation Administration Advisory circular AC 150/5300-13A Airport Design, State of Florida airport licensing standards, and any other applicable state or federal agency regulations. Policy 8.A.1.3: The County will encourage economic development opportunities and aviation related uses adjacent to the airports and promote the safe and efficient mobility of good, services, and people at the LaBelle and Airglades Airports. Future additional warehousing, hangars, cargo handling facilities, as well as the development of a coordinated system of railways, aviation, ports, and roads to facilitate the safe movement of commerce, consistent with community and economic objectives may be incentivized. Policy 8.A.1.4: Ensure that the LaBelle and Airglades Airports are protected from the establishment of airport hazards as defined in s. 333.01, F.S., and incompatible land uses with airport facilities and operations, as outlined in s. 333.03(2) and (3), F.S. Objective 8.A.2: The County will evaluate development proposals for property located within the vicinity of existing and proposed aviation facilities to ensure airport land use compatibility, to prevent establishment of airport hazards, and to protect existing and planned airport facilities from encroachment. Policy 8.A.2.1: In order to protect the airports and related facilities from encroachment of incompatible land uses, development proposals (including but not limited to residential and non-residential uses within the vicinity of the existing airports or proposed related facilities) must demonstrate land use 2
compatibility with these uses during the rezoning process (or any land use application process) and propose mitigation measures for adverse impacts. Policy 8.A.2.2: The County shall discourage the siting of any uses or structures adjacent to airports that attract birds or wildlife, create emissions of light or create glare that can be hazardous to air navigation, discharge any particulate matter into the air that could alter atmospheric conditions, emit transmissions that would interfere with aviation communications and/or navigation equipment, or otherwise obstruct or conflict with air traffic patterns or result in potential hazards to air navigation. This extends to the development of retention or wetland areas in close proximity to the airports. Policy 8.A.2.3: The County shall adopt, administer, and enforce airport zoning regulations that protect the airports from tall structure hazards, incompatible land uses, or vegetation (planted or natural) that exceeds federal obstruction standards, in accordance with s.333.03, F.S. and Title 14 Code of Federal Regulations (C.F.R.) Part 77. Policy 8.A.2.4: Identify and develop innovative land use planning techniques and strategies to incentivize surrounding landowners to develop compatible uses with the LaBelle and Airglades Airports. These could include Transfer of Development Rights program, overlays, clustering, and other flexible planning strategies. Objective 8.A.3: Ensure that all existing and future airport needs can be met safely, in accordance with provisions of federal and state airport regulations, and with a minimum of land use conflict by coordinating aviation facility plans with appropriate federal, state, regional, and local agencies/governments. Policy 8.A.3.1: Construction and operation of existing and future aviation facilities should be conducted in close cooperation with the appropriate federal, state, regional, and local agencies, and in conformance with other related elements of the Comprehensive Plan. Policy 8.A.3.2: Ensure that adverse structural and non-structural impacts of aviation facilities upon natural resources and wildlife are mitigated consistent with FAA policies and procedures, and in coordination with federal and state environmental agencies (if applicable). Policy 8.A.3.3: Through interlocal agreement, Hendry County will coordinate with the City of LaBelle to ensure that zoning regulations prevent the establishment of new incompatible land uses and airport hazards in areas adjacent to or in close proximity to the LaBelle Airport. Objective 8.A. 4: Coordinate the expansion of and changes to the existing aviation facilities with the County s Comprehensive Plan and the Airport Master Plan. 3
Policy 8.A.4.1: The use of existing and proposed aviation facilities will be promoted by Hendry County consistent with the Future Land Use Element, Traffic Circulation Element, Conservation Element, and Economic Development Element. Policy 8.A.4.2: Facility and expansion costs necessary to implement the Airport Master Plans for the LaBelle and Airglades Airports shall be included in the County s Capital Improvement Plan as part of the Capital Improvements Element of the Comprehensive Plan. Policy 8.A.4.3: The County shall support airport improvement proposals that are consistent with the County s Comprehensive Plan and the Airport Master Plan. 3. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN: Council staff has reviewed the requested amendments to the Hendry County Comprehensive Plan and finds that the proposed changes are a local governmental initiated effort to meet federal and state requirements to address future development on and within proximity of the Airglades Airport. The proposed amendments are intended to address a variety of future airport issues. Generally, these amendments are intended to protect the viability of the LaBelle and Airglades Airports because they have been determined to be significant economic resources to the domestic and global communities. This protection comes in the form of compatible land uses, density, best management practices, and reduction of hazards that may endanger the lives and property of aviation users. The County s requested amendments will aid in coordination of the LaBelle Municipal Airport and the Airglades airport which makes these amendment important to the region and benefits the health, safety, and welfare of all the citizens in the region. These amendments will also enhance the future economic opportunities of the County and region and promote the safe and efficient mobility of goods, services and people that will use the airports in the region. The amendments address future development of the airports through reviews of warehousing, hangars, cargo handling facilities, as well as coordination with the region s railway system, other aviation facilities, ports, and roadways to facilitate the movement commerce. Based on the above information, Council staff finds that the proposed amendments are procedural in nature in that they are being included in the County s Comprehensive Plan due to State requirements to address future development on and around the airport properties. Additionally, Council staff finds that the amendments are regionally significant because they will impact the health, safety and welfare of all the citizens of the region and will impact airports in both Hendry County and the City of LaBelle. Council staff also finds that the requested changes are consistent with the Strategic Regional Policy Plan (SRPP) due to improvements in the future land uses on and within proximity to regional airport facilities. Council staff also finds that the proposed amendments will not adversely affect any significant regional resources or facilities that are identified in the SRPP. 4
4. EXTRA-JURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION Council staff has reviewed the proposed amendments with respect to extra-jurisdictional impacts on surrounding local government Comprehensive Plans and finds that the proposed amendments will not negatively impact and are not inconsistent with any adjacent local governmental Comprehensive Plans. Request a copy of the adopted version of the amendment? _X_ Yes No 5
Attachment III Maps Hendry County DEO 13-2ESR Growth Management Plan Comprehensive Plan Amendments